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Aug 06, 2017 Editorial, Features / Columnists
It’s not a secret that the country’s justice system is being hobbled by a lack of resources, personnel and the technology to make it more efficient. Justices have to share secretaries and spend long hours at nights writing judgements. Myriad solutions have been advanced to reform the system, and to be fair, attempts have been made to reform it by this administration.
While some progress has been made in specific areas and other initiatives are currently underway, for the most part, they have been piecemeal rather than applied to the whole justice system.
After 51 years of political independence, there have been an insufficient number of jurists on the bench, while the crime rate has increased almost fivefold since then. The end result is a backlog of cases and even though night court was introduced, and did to some extent reduce the backlog, it has not exactly solved the problem, because even more charges are being instituted daily.
It has been suggested that judges will have to work 16 hours per day in order to make a significant dent in the number of backlog cases. However, it is unfair to think that judges are not making an effort to reduce the staggering numbers.
These deficiencies need to be addressed if the authorities are to appear serious about reforming the system in order to deliver justice in a timelier manner. There is still a high level of public confidence in the justice system, but it could be eroded if it is not reformed urgently.
The constitution has established a government based on democratic principles, the rule of law and an independent judiciary. The rule of law provides for equality before the law, and equal protection of the law, which is an impenetrable protection against injustice.
The judiciary also ensures the protection of the rights of individuals under the rule of law in which a person is innocent until proven guilty in a court of law. Accordingly, both the rule of law and our independent judiciary are viewed as the pillars and the bastion of democracy in the country.
One of the strengths of the criminal justice system is to maintain social control, deter and mitigate crime, and punish those who violate the laws with penalties and rehabilitation efforts. However, many believe that the justice system is flawed, biased and woefully inadequate in terms of punishing those who have violated the laws of the country. A number of jurists have been known to sentence more minor offenders to prison and to overindulge in the practice of remanding prisoners by imposing huge bail amounts which the poor cannot afford.
A good number of people believe that the jurists are quick to imprison those who are involved in petty crimes such as stealing mangoes, but those who cannot account for millions of dollars of the hard-earned taxpayers’ money or are accused of mismanagement or misappropriation of same are not jailed. People will only have confidence in a justice system that is fair in its sentencing practices, regardless of those who have power or political connections.
Unlike Guyana, where politicians or persons with high profiles have not been charged for crimes they have committed, in the United States, Canada and other countries, justice is blind. In these countries, politicians and high-profile executives and other professionals have to resign, pay hefty fines or serve time in prison when found guilty of a crime.
A justice system that only prosecutes the poor is discriminatory. It is not acceptable and should not be tolerated. The laws must be applied fairly to all citizens, rich and poor alike.
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